The Department of Education and Education Secretary Arne Duncan have asked a federal court to dismiss a lawsuit challenging the new gainful-employment rules, saying the department’s procedures in adopting the regulations were “fully consistent with applicable law.” In a tersely worded response filed with the U.S. District Court in Washington, D.C., on Friday, Mr. Duncan and the department “deny that the regulations were unduly influenced by any external group,” as the Association of Private Sector Colleges and Universities claimed in its July lawsuit. They also argue that the suit should be dismissed because the federal court lacks jurisdiction in the matter, that the association failed to exhaust all of its administrative remedies, and that the lawsuit failed to state a claim the court could remedy.
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